Opinion
15-CV-2481 (FB) (RML)
01-05-2016
TRUSTEES OF THE PAVERS AND ROAD BUILDERS DISTRICT COUNCIL WELFARE, PENSION, ANNUITY AND APPRENTICESHIP, SKILL IMPROVEMENT AND SAFETY FUNDS and THE HIGHWAY, ROAD, AND STREET CONSTRUCTION LABORERS LOCAL UNION 1010, Plaintiffs, v. ARBOR CONCRETE CORP., Defendant.
Appearances: For the Plaintiffs: NICOLE MARIMON MICHAEL HOWARD ISAAC Virginia & Ambinder, LLP 40 Broad Street New York, NY 10004
MEMORANDUM AND ORDER Appearances:
For the Plaintiffs:
NICOLE MARIMON
MICHAEL HOWARD ISAAC
Virginia & Ambinder, LLP
40 Broad Street
New York, NY 10004 BLOCK, Senior District Judge :
On December 15, 2015, Magistrate Judge Robert M. Levy issued a Report and Recommendation ("R&R") recommending that a default judgment be entered against Arbor Concrete Corp., and that Plaintiffs be awarded $37,204.06 in damages, fees, and costs, plus interest on the award of unpaid contribution and liquidated damages in an amount equal to that interest. The R&R further provided that failure to object within fourteen days would preclude appellate review. To date, no objections have been filed.
If clear notice has been given of the consequences of the failure to object, and there are no objections, the Court may adopt the R&R without de novo review. See Mario v. P & C Food Mkts., Inc., 313 F.3d 758, 766 (2d Cir. 2002) ("Where parties receive clear notice of the consequences, failure to timely object to a magistrate's report and recommendation operates as a waiver of further judicial review of the magistrate's decision."). The Court will excuse a failure to object and conduct de novo review if it appears that the magistrate judge may have committed plain error. See Spence v. Superintendent, Great Meadow Corr. Facility, 219 F.3d 162, 174 (2d Cir. 2000). No such error appears here. Accordingly, the Court adopts the R&R without de novo review and directs the Clerk of the Court to enter judgment in accordance with the R&R.
SO ORDERED.
/S/ Frederic Block
FREDERIC BLOCK
Senior United States District Judge Brooklyn, New York
January 5, 2016